General Electric Credit Equities, Inc. v. Brice Road Developments, L.L.C. (In Re Brice Road Developments, L.L.C.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the lender did not meet its burden of proof as to the cram-down interest rate
• finding that “in a chapter 11 case where an ‘efficient market’ exists, the market rate should be applied, and where no ‘efficient market’ exists, the formula approach endorsed by the Supreme Court in [Till ] ... should be employed”
• stating that in a chapter 11 case where an “efficient market” exists, the market interest rate should be applied; but where no “efficient market” exists, the formula approach to interest rates endorsed by the Supreme Court in Till should be applied
• “Feasibility is fundamentally a factual question since it necessarily depends upon a determination of the reasonable probability of payment.” (internal quotation marks omitted)
• an efficient market approach may be utilized where an open, well developed market for loans of the kind between the debtor and secured creditor is shown to exist.
• “in a chapter 11 case where an ‘efficient market’ exists, the market rate should be applied, and where no ‘efficient market’ exists, the formula approach endorsed by the Supreme Court in Till ... should be employed”

Source: CourtListener parenthetical corpus (CC0).